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Functional convenience of party in commercial l...

  • 2021-04-19T11:19:49

Functional convenience of party in commercial litigation cannot be a ground to transfer case U/s 25 CPC The Supreme Court on 12.04.2021 has observed that in commercial litigation cases, functional convenience of one of the parties is not a sufficient ground to warrant transfer of the case under Section 25 of the Civil Procedure Code (Fumo Chem Pvt. Ltd. v. Raj Process Equipment and Systems Pvt. Ltd.). The petitioners in this case sought a transfer (from Pune to Ahmedabad) on the premise that they are foreign nationals running business in Ahmedabad, and are thus more accustomed to Ahmedabad. However, the court stated that the yardstick applied to cases of business-related matters cannot rest merely on functional convenience; some grave difficulty or prejudice must be established to entertain transfer petitions. The factor which needs consideration is whether allowing such a petition would be expedient in the ends of justice. Reddy & Reddy Law Firm has a forte in dealing with litigation matters. They have an experienced team of lawyers ready to assist in all your disputes.

Functional convenience of party in commercial litigation cannot be a ground to transfer case U/s 25 CPC The Supreme Court on 12.04.2021 has observed that in commercial litigation cases, functional convenience of one of the parties is not a sufficient ground to warrant transfer of the case under Section 25 of the Civil Procedure Code (Fumo Chem Pvt. Ltd. v. Raj Process Equipment and Systems Pvt. Ltd.). The petitioners in this case sought a transfer (from Pune to Ahmedabad) on the premise that they are foreign nationals running business in Ahmedabad, and are thus more accustomed to Ahmedabad. However, the court stated that the yardstick applied to cases of business-related matters cannot rest merely on functional convenience; some grave difficulty or prejudice must be established to entertain transfer petitions. The factor which needs consideration is whether allowing such a petition would be expedient in the ends of justice. Reddy & Reddy Law Firm has a forte in dealing with litigation matters. They have an experienced team of lawyers ready to assist in all your disputes.

  • 2021-04-19T11:19:49

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